Saturday, October 14, 2017

All in on ending local control

(via Frac Sand Sentinel)

New bills, SB687/AB479. attack local governments' abilities to make land use decisions and the public's ability to influence these decisions. These bills will render most of the conditional use permit provisions in your town and county zoning ordinances useless. They relegate public opinion in the conditional use permit process to an afterthought that cannot by itself be used as part of the decision making process. This effort also upsets over a century worth of Supreme Court precedent and will almost certainly lead to multiple town lawsuits.
This legislation is supposed to have a joint Senate-Assembly public hearing on Tuesday, October 17th. There has yet to be an official announcement. Because it is a joint hearing, this is the only public opportunity to participate. This will be in the Capitol, but we don’t know the exact time or location. We need as many people as possible to attend and either register against this bill or testify.
Please email <> or call Rick Manthe ASAP and let him know if you can attend and register/testify.
The bill is complex, and requires an in-depth explanation. A bullet point summary and in-depth explanation are linked here: SB387-AB479 Summary

2017 - 2018 LEGISLATURE
Section 7. 59.69 (5e) of the statutes is created to read:
1059.69 (5e) Conditional use permits. (a) In this subsection:
111. “Conditional use” means a use allowed under a conditional use permit, 
special exception, or other special zoning permission issued by a county.
132. “Substantial evidence” means evidence of such convincing power that 
reasonable persons would accept it in support of a conclusion. “Substantial evidence” 
does not include public comment that is based solely on personal opinion, 
uncorroborated hearsay, or speculation.
17(b) 1. If an applicant for a conditional use permit meets, or agrees to meet, all 
of the requirements and conditions specified in the county ordinance, the county 
shall grant the conditional use permit.
202. The requirements and conditions described under subd. 1. must be 
reasonable and measurable, and may include conditions such as the permit's 
duration, and the ability of the applicant to transfer or renew the permit. The 
applicant must demonstrate that the application and all requirements and 
conditions established by the county relating to the conditional use are, or will be, 
satisfied, and must demonstrate such satisfaction by substantial evidence. The 
county must demonstrate that its decision to approve or deny the permit is supported 
by substantial evidence. Public testimony alone is not substantial evidence and 
cannot be the sole basis for the county to deny a conditional use permit.
4(c) Upon receipt of a conditional use permit application, and following 
publication in the county of a class 2 notice under ch. 985, the county shall hold a 
public hearing on the application.
7(d) Once granted, a conditional use permit may remain in effect as long as the 
conditions upon which the permit was issued are followed, except that the county 
may impose conditions relating to the permit's duration, and the ability of the 
applicant to transfer or renew the permit, as well as any other additional, reasonable 
conditions that are specified in the zoning ordinance.
12(e) If a county denies a person's conditional use permit application, the person 
may appeal the decision to the circuit court under the procedure es contained in s. 
1459.694 (10).
Contact your senate member and your assembly member - calls are best with email follow up - to let them know how you feel about this power grab. Please also copy these department heads and the governor.

State Government Department Heads
Include these emails when contacting legislators about concerning legislation
This first list is composed of all government agency Department Heads, Natural Resources Board members, Health Services etc., and of course the Governor’s Office.

Gov’t Agency Heads
And, Send your testimonies / emails to Committee Chair Senator Frank Lasse and ask them to submit your testimony for the record. Also please cc your email to Senator Vinehout:
The Trempealeau County Board will take up a resolution opposing certain provisions in these bills, so you might also consider contacting your county board rep and chair to ask them to oppose this legislation.

No comments: